[sacw] SACW | 8 Oct. 02

[Harsh Kapoor]

South Asia Citizens Wire | 8 October 2002

__________________________

#1. The growing American presence in the spooking business especially=20
in Pakistan
(M.B. Naqvi)
#2. Islamic ideology was fostered by our rulers after the creation of=20
Pakistan (Hamza Alavi)
#3. India, the BJP and the Constitution (Rajeev Bhargava)
#4. India: Letter to the Editor to The Hindu re the TN govt ban on=20
religious conversions
#5. India: POTA trial - Prof Rajni Kothari, interviewed by Siddharth=20
Varadarajan
#6. India: Report of The National Meeting of All India Secular Forum=20
(Ram Puniyani)

__________________________

#1.

The growing American presence in the spooking business especially in Pakist=
an
M.B. Naqvi

Karachi October 7, 2002

A certain question is going abegging; few ask it. Its background is=20
the growing American presence in the spooking business especially in=20
Pakistan; the CIA and FBI not to mention other agencies, are, no=20
doubt aiding and cooperating with their Pakistani counterparts. But=20
the extent of aid and cooperation has become controversial. The=20
government certainly asserts that things are being done by Pakistanis=20
in Pakistan and Americans are just a few and they are providing=20
technical knowhow and assorted help. There are others who think that=20
the Americans presence in the intelligence gathering field and in=20
anti-terror operations is going far beyond reasonable limits. Some=20
critics believe that Pakistan is now badly enmeshed in the American=20
spooking networks based on US mainland. How would the Pakistan=20
authorities sort out the issue is making a lot of people worried?

The main question that occurred was whether there are any Indians who=20
ask their government for an enunciation of a Pakistan policy that=20
looks forward to, say the century ahead. The other part of the same=20
question is whether there are Pakistanis who make that every enquiry=20
from their government about its India policy, again say for the next=20
century. What the current India and Pakistan policies of Pakistan and=20
India are can be discerned from their current activities: most of it=20
can be summed up in two linked processes of running a cold war=20
against each other and carrying on, as best as they can, with the=20
required arms races to sustain the cold war. For the present it seems=20
that long-term policy vis-=E0-vis the other can be assessed in terms of=20
weeks or perhaps months. What they think will happen after the=20
immediate future would require an international commission of inquiry.

And yet there is a whole world, with myriad problems, outside India=20
and Pakistan which impact on them. What is the role of these two=20
South Asian states in the emerging world order now being rough-hewed=20
by the indefatigable Warrior against Terror, George W. Bush, and his=20
able assistants. There is also this wide-scale and open-ended War=20
against error which after Afghanistan is likely to engulf Iraq.

How does the Indian government define its longer-term drive for=20
making India great? To most observers it looks today as if the Indian=20
leadership is content to be a sublettee of a part of American=20
greatness, wishing to remain attached to the US juggernaut. It seems=20
happy to play its allotted role in allotted places.

Insofar as Pakistan is concerned, it is too obsessed with Kashmir and=20
India that its military leadership is hellbent on being sappers and=20
miners of the same American juggernaut. Their love of American aid=20
makes its leadership ignore everything that is happening around us in=20
Asia or elsewhere. For its purposes, so long as George W. Bush=20
understands the position of Gen. Musharraf and the Army behind him=20
and continues to smile would be three-fourths of the desired=20
dispensation (whatever it may seem to others).
As it happens, there is the dramatic spectacle of how crudely is Mr.=20
George W. Bush twisting the arm of the UN Security Council, the=20
Secretary General and the arms inspectors who had been assembled for=20
Iraq. The prestige of the UN has already been undermined and severely=20
hit. If it wishes to barely survive, the UN has to become more=20
willing handmaiden of the US government. True, despite being snubbed=20
on the Middle East peace plan, the British Prime Minister continues=20
to perform the role allotted to him, no matter if his own party is in=20
tumult.

But it seems a stage has been reached when Russia, China and France=20
have put up a great show of resistance, lasting almost over a week at=20
this writing. The Americans are trying to persuade them and it is a=20
most iffy situation if this defiance can continue to the point where=20
the patience of Dick Chenys and Donald Rumsfelds of America gives way=20
and they decide to go it alone. What would that do for the UN?

Let=92s not kid ourselves: if the US invades Iraq without a UN cover,=20
it do to UN, what Benito Mussolini=92s aggression against Ethiopia did=20
to the League of Nations. Is anyone in New Delhi and Islamabad=20
worried? Would they like to live with another League of Nations? In=20
any case, the world has already seen how has Bush treated it and how=20
it was helpless.

There are questions about what are the linkages between the American=20
government=92s enthusiasm for warring against Terror. With its oil and=20
other economic interests, on the one hand, and surviving primordial=20
prejudices, dating from Crusades, on the other. There is the new=20
American National Security Strategy that needs to be studied by all=20
in the world. Insofar as one can see, no one in New Delhi and=20
Islamabad establishments has yet taken any purposeful note of what=20
the Americans now affect to believe and act upon. Where does the=20
third world comes in or goes out. Have the Indians and Pakistani=20
governments a view on the questionable contours of America=92s Asian=20
policies, if not for the whole globe?

It is not only politics that raises troubling questions. The American=20
policies can be seen as a tripod. One leg is of course the=20
geopolitical strategy. The second is economic, i.e. globalisation, is=20
an inseparable part of the American way of operating. The third leg=20
of the tripod is a combination of efforts to manipulate popular=20
perceptions and opinions around the globe in association with a=20
worldwide network of spies operating with their new technique of=20
utilising such everyday workers as postmen, meter readers and of=20
course other such like in selected places. These activities are=20
centrally controlled and gather information at their central data=20
banks which are of course in America.

This is happening now in Pakistan where the privatisation of various=20
governmental services enables the emergence of new private sector=20
companies performing the old public sector jobs. These are expected=20
to be the best source from which to collect and collate detailed=20
information. The American methodology also uses its=20
military-to-military cooperation in parallel with the growth of=20
understandings between intelligence gathering networks. Given=20
America=92s expertise and resources, it means that the social details=20
of the rest of the world is now open to the US in the most stark and=20
detailed sense of the terms. Information about all the social innards=20
of various states are said to be centralized in the various centres=20
of American CIA, FBI, NSA, NRO, NIMA, NDI and who knows how many=20
other spook outfits there are.

The globalisation of economies, of course, is a large can of worms,=20
insofar as the third world is concerned. Even the bigwigs of the IFIs=20
(international financial institutions) have now begun to admit that=20
the globalisation produces problems in the third world countries such=20
as the pools of unemployed, growing disparities of income between=20
classes and regions. A few even have begun whispering old fashioned=20
word exploitation. The IFI chiefs are now running from one urban=20
centre to another in the vain attempt to escape from protestors=20
mainly in the developed countries who shout abuses on them in behalf=20
of the third world also.

Where do India and Pakistan stand, the question echoes and re-echoes?

_____

#2.

DAWN
06 October 2002

Inbox: The unholy alliance

Akhtar Payami (Books and Authors, Sept 29) is, sadly, quite mistaken=20
in insisting that I am wrong when I say that the Islamic ideology was=20
fostered by our rulers after the creation of Pakistan. What he says=20
is today the claim of our religious parties: that Pakistan was=20
created because of a commitment to Islamic ideology.
That is not true. I have not ignored the existence of religious=20
parties before Partition because I have mentioned them in the same=20
paragraph of my letter as the passage that Payami criticizes. The=20
existence of such religious parties does not, however, mean that the=20
AIML espoused their ideology. Quite the contrary. It was only after=20
Partition that, as I said, our rulers began to exploit Islamic=20
ideology.
This needs to be recognized because of the propaganda of the=20
religious parties. Before Partition, every attempt to bring up the=20
issue of religious ideology was quashed by the AIML leadership,=20
before it could even be put up for discussion.
Sharifuddin Pirzada has put on record one such failed attempt in his=20
collection of AIML documents (Vol II, p. 440). On the other hand, the=20
religious parties all opposed the idea of Partition.
Jinnah's August 11 speech was not an aberration, as some pundits have=20
suggested. That speech set the seal on the long established secular=20
commitments of the Muslim League. It can be said that the conversion=20
of our rulers to Islamic ideology took place around 1952. The=20
Objectives Resolution passed in 1949 did no more than express in one=20
brief formal sentence that "Muslims shall be enabled to order their=20
lives... in accordance with the teachings and requirements of Islam=20
..."
General Ziaul Haq exploited that vague solitary sentence to mean that=20
it was a commitment to Islamic ideology. But consider the fact that=20
in the same speech (when introducing the Objectives Resolution)=20
Liaquat Ali Khan said quite clearly: "Sir, I have just now said that=20
the people are the real recipients of power. This naturally=20
eliminates any danger of the establishment of a theocracy." There is=20
no justification therefore for treating the Objectives Resolution as=20
if it was a commitment to Islamic ideology.
That becomes clearer when we look at the progress of the successive=20
reports of the Basic Principles Committee.
G.W. Choudhury (himself a keen 'Islamist') commenting on the interim=20
report of the Basic Principles Committee (presented in Sept 1950)=20
pointed out: "The ulema were also not happy with the first draft of=20
the constitution (by which he means the interim report of the BPC) as=20
it contained very little, if at all any, provision as to the Islamic=20
character of the proposed constitution." (Choudhury, Documents and=20
speeches on the constitution of Pakistan, 1967, p.30).
What then brought about the subsequent change in the outlook of our=20
rulers in favour of a strong commitment to Islamic ideology? On=20
January 28, 1952, the Bengali language movement erupted powerfully=20
and spontaneously all over East Pakistan and lasted for several days=20
when the movement was virtually in control of many cities, shaking=20
state power to its roots. (As an officer of the State Bank at the=20
time in charge of Exchange Control in East Pakistan, I was based at=20
Dhaka and was an eyewitness to this). It was in response to that=20
challenge that Liaquat and our ruling elite decided to bring up=20
'Islamic' ideology and 'Islamic' identity to counter Bengali=20
discontent, which, by their unsympathetic response they pushed=20
further towards Bengali nationalism. (The fact that the Muslim League=20
was breaking up, was an additional factor behind Liaquat's panic=20
reaction.) Our leaders declared that we were 'Muslims and=20
Pakistanis', and therefore we cannot be Bengalis or Sindhis or Baloch=20
or Pathan. The final report of the BPC, which was presented on=20
December 22, 1952 i.e. eleven months after the Bengali language=20
movement, unlike the interim report of the BPC, now contained a large=20
dose of 'Islamic' ideology. G.W. Choudhury was able to declare=20
happily: "The second draft constitution (the Final Report of the BPC)=20
was noted for its elaborate provisions relating to the Islamic=20
character of the proposed constitution." Faced with regional=20
movements as well as a crumbling party, Liaquat began to speak of=20
'Islam in danger'. That is what I spoke of when, having referred to=20
the earlier foundation of religious parties, which had opposed the=20
idea of Pakistan, I said that it was only after Partition that=20
Islamic ideology was adopted by our rulers.
HAMZA ALAVI
Karachi

_____

#3.

http://www.opendemocracy.net/forum/document_details.asp?CatID=3D103&DocID=
=3D1880
02 October 2002
Words save lives: India, the BJP and the Constitution
Rajeev Bhargava

The Indian government of militant Hindu nationalists is trying to=20
exploit the communal tensions in Gujarat for electoral gain, says=20
openDemocracy=B9s South Asia editor in his first column. But the hope=20
for democracy in India is that the political and moral force of the=20
country=B9s Constitution will constrain the actions even of this=20
unscrupulous movement.

India, the world=B9s largest democracy, is in danger. Fundamentalists,=20
religious fanatics and a corrupt government have combined to threaten=20
its future as a constitutional, democratic state. The challenge to=20
its secular rule of law echoes and reinforces contests elsewhere=20
around the world.

The gruesome violence of February 2002 and subsequent months =AD the=20
massacre of 58 Hindus on a train in the western state of Gujarat,=20
followed by widespread pogroms of Muslim communities across the state=20
=AD are distressing enough. What makes them even more sinister is that=20
they have been seen as an opportunity by the Bharatiya Janata Party=20
(BJP), which leads the governing coalition in New Delhi. Taking=20
advantage of the fact that it also controls the state government in=20
Gujarat, it sought to advance its agenda of polarising Hindus against=20
Muslims in India by calling for state elections there (see an earlier=20
article).

India is a secular society whose Constitution enshrines the principle=20
that the country belongs equally to all its citizens. In pursuing the=20
ideology of a militant Hindutva (an exclusively Hindu=ADcentred=20
definition of =8CIndianness=B9), the BJP is undermining this basic=20
principle. After the trauma of February, the party aggressively=20
pushed for early state elections in Gujarat, calculating that a rich=20
electoral harvest could be reaped from the communal tensions that the=20
carnage provoked. This gamble was designed as part of a larger=20
political strategy to pave the way for a militant Hindutva (Hindu=20
nationalist) line that would replace the fuzzy agenda of the current=20
coalition in New Delhi.

The BJP plan went awry. A meticulously worded order of the Election=20
Commission (EC), a constitutional body with sole responsibility to=20
conduct free and fair elections, ruled that conditions were not yet=20
appropriate for elections in Gujarat. The argument of the commission=20
was premised on a fundamental democratic principle: that every vote=20
is equally valuable, and that the overall political climate must=20
allow each vote to be cast peacefully and fairly.

The large=ADscale displacement of people, especially victimised=20
minorities, and the pervasive fear that still haunts riot=ADaffected=20
areas had rendered the electoral roll gravely defective. The=20
commission argued that elections could be held only after the=20
revision of the roll. It rightly claimed that, at this juncture,=20
political mobilisation, an integral part of the electoral process,=20
would inflame passions and shatter the fragile peace in the state.

Several leaders of the BJP were furious with the Commission and began=20
a campaign of slander against the Chief Election Commissioner, J.M.=20
Lyngdoh. The Gujarat Chief Minister, Narendra Modi, hurled insult=20
after insult against the Commissioner. Boundaries between the party=20
and the government blurred. Lal Krishan Advani, the newly appointed=20
Deputy Prime Minister, said that the job of the EC was to hold=20
elections, not to stop them.

All this was expected. But more striking is that the BJP also felt=20
compelled to challenge the order on the grounds that it was=20
unconstitutional. A couple of days later, the BJP cabinet referred=20
the order of the EC to the President. In turn, he referred it to the=20
Supreme Court. Mercifully, the Supreme Court declined to interfere=20
with the EC=B9s decision to postpone elections. Last week=B9s massacre of=20
over thirty Hindus at a temple in Gandhinagar, the capital of=20
Gujarat, is further evidence of the validity of this judgment. By the=20
skin of its constitutional teeth, India was saved from gross moral=20
impropriety and perhaps, from even greater tragedies.

Liberal democracy constrains militant nationalism

Amidst widespread relief, a question worth addressing remains: why=20
did the BJP condemn the order as unconstitutional? Why was it not=20
content with hurling abuses at the Commissioner? I believe this shows=20
that, whether they like it or not, the rules of liberal democracy=20
continue to constrain political strategies and to set boundaries on=20
the language and rhetoric of Hindu nationalists in India. Despite the=20
pessimism and gloom, liberal democracy continues to be part of the=20
operating principles of Indian society and polity. As a result, Hindu=20
nationalists still feel obliged to legitimise their actions in terms=20
of its normative, value=ADladen vocabulary.

Every society has an ethical identity, a collective self=ADawareness=20
constituted partly by the values and principles to which it aspires,=20
and by which it judges its own practices and institutions. No matter=20
how fiercely contested this professed and projected ethical identity=20
of Indian society is, it is still shaped partly but significantly by=20
the language of freedom, equality, rights, justice, secularism and=20
democracy.

The field of discourse created by the Constitution =AD that is, the way=20
its formal, coded principles set the standard for everyday political=20
communication =AD continues to hem in Hindu nationalists. They are=20
forced to remain on constant alert, to rebut inimical assessment by=20
defenders of the Constitution and to meet the challenge posed by such=20
critics. They have to respond and to convince them that key normative=20
terms, the lynchpin of the Constitution, should also be used=20
appropriately to redescribe acts that are mistakenly believed to be=20
constitutionally illegitimate.

When acts of Hindu nationalists are condemned as violations of=20
secularism, democracy or rights, they can respond in either of two=20
ways. They can say, =8Cso what?=B9 or =8Cwho cares?=B9 Or they can assert=20
that their acts do not violate rights, democracy or secularism=20
because these terms are not what they are routinely understood to=20
mean but connote something different, something hitherto never=20
brought to light. And, when understood properly, in the manner in=20
which they see them, their acts are consistent with rights,=20
secularism and democracy. In short, they can say, =8CLook here,=20
contrary to your claim, I believe in rights and am a true upholder of=20
secularism, a supporter of democracy.=B9

Why does the BJP use the language of the Constitution?

The double=ADspeak of the BJP is spectacular and well known. The=20
question is: why do they speak in different voices? Do they really=20
have a motive to legitimise their acts by using the normative=20
vocabulary of the Constitution?

I believe they do, and that they do this for three reasons. Firstly,=20
the residual power of the Constitution in embodying the basic values=20
that the society is committed to =AD no matter how mauled, abused, or=20
neglected in practice =AD still retains instrumental value even for=20
Hindutva forces. It left room for these forces to grow in the past=20
and, even now, it continues to give that space for the enlargement of=20
their agenda.

Secondly, visibly ascendant social forces, such as the Dalits (the=20
=8CUntouchable=B9 castes), support the Constitution, and Hindu=20
nationalists cannot afford to ignore them. The language of rights and=20
democracy remains a living force in India partly because, in a=20
distinctive yet amorphous way, it remains a precondition for=20
improving the life prospects of oppressed Indians. In small but=20
important ways, it empowers ordinary people and captures the=20
aspiration of those left out of the =8Cdevelopment=B9 process.

A comparison may be instructive here between the moral language of=20
the Constitution and the power and prestige associated with the=20
English language. English no longer has the status that it once=20
enjoyed in post=ADcolonial India. Quite unlike the past, automatic=20
privilege is not bestowed on its speakers. But it is clear enough=20
that it still begets enormous material benefits.

Much the same may be true of the Constitution. It no longer has the=20
halo around it, which the makers of the Constitution thought it=20
should possess. But designed to accord opportunity and a life of=20
dignity to everyone, it has immense practical utility. People may not=20
care about the high theory that surrounds the Constitution but=20
straightaway they understand how it helps improve their lot.

The BJP, the soft mask of the hard right, is an electorally driven,=20
vote=ADsensitive party, looking for moral hegemony and legitimacy=20
across diverse groups. Wherever possible, it uses the language of the=20
Constitution to further its political ends. In the moral climate=20
provided by the Constitution, the BJP cannibalises these values to=20
legitimate its behaviour.

The third reason why the BJP uses the language of the Constitution to=20
justify its acts relates to the nature of the Indian middle class,=20
the fulcrum of the BJP. The Indian middle class does not act in=20
defiance of the Western world but rather in the hope of being=20
properly recognised by Western eyes. A party dependent on this class=20
behaves in quite a different way from a party led, say, by an=20
Ayatollah Khomeini. Since the language of rights and democracy is an=20
important constituent of international norms, it cannot easily be=20
shrugged off. Those who seek recognition by the West must legitimise=20
their actions by this discourse. In the globalised world to which=20
they aspire, they have to suffer a global gaze =AD hence Advani=B9s=20
apology for Gujarat during his recent visit to the UK.

When I say that Hindu nationalists possess a motive to legitimate=20
their actions by using the normative vocabulary of the Constitution,=20
I do not mean to suggest that this vocabulary is really taken=20
seriously by them, that they uphold constitutional values or even=20
that they act out of mixed motives, combining paramount, sectional=20
interests with a half=ADhearted belief in a smattering of=20
constitutional principles.

I speak of a situation where acts are guided neither wholly nor=20
partly by professed constitutional principles. Everyone, all relevant=20
parties, shares the view that political actors do not really follow=20
the principles they profess. Their acts can blatantly violate=20
democratic principles; indeed they are frequently intended to do so.=20
Yet, a need is felt by some in the BJP that an appeal to others must=20
be made in a language that is alien to their own ideological ancestry.

>From double=ADspeak to double=ADbind

Straightforward manipulation is involved here. The aim of Hindu=20
nationalists is to alter the ethical identity of Indian politics and=20
society. With as much sham sincerity as can be mustered, this real=20
motive is camouflaged by public proclamations that actions condemned=20
by ideological opponents can simply be redescribed and all=20
disapproving judgement prevented thereby. Because they are interested=20
in the public acceptance of their actions, they are forced to adopt a=20
rhetorical device, compelled to use the language of the Constitution,=20
to talk and sometimes even behave as if the professed norm, value or=20
principle is part of their motivation. They must profess that their=20
acts conform to the values and principles of the normative tradition=20
of the Constitution.

Cynical and unscrupulous as this is, and undoubtedly ideological in=20
the worst possible sense, it recoils on Hindu nationalists. By=20
adopting this rhetorical device they frequently limit themselves only=20
to those acts that can be so legitimated =AD a point made for different=20
political agents in a different context by the noted theorist,=20
Quentin Skinner. Despite all the manoeuvres and atrocities, it is=20
extremely difficult, if not impossible, for them to sustain policies=20
that can never be accorded this legitimacy.

The consequence for Hindu nationalists, such as the BJP, is severe.=20
It is not just that they cannot even covertly legitimise the kind of=20
ferocious violence perpetrated in Gujarat. More than this, the need=20
to legitimate their actions before the public requires them to=20
forsake many other tempting violations of constitutional order. In=20
India, the language of the Constitution is a weapon of security and=20
protection; it saves lives.

Words are not mere =8Cpieces of paper=B9. They become effective when=20
believed in and powerful when institutionalised and made legitimate =AD=20
whatever cynical politicians may hope. Only when a society abandons=20
adherence to the core, shared meaning of its founding codes is all=20
lost. As long as Hindu nationalists continue to publicly legitimise=20
their actions in terms of the normative vocabulary of the=20
Constitution, many potentially dangerous actions are inhibited.=20
Therein rests the slim hope held out to the Indian polity.

Today, as sources of political authority drafted in national=20
constitutions and international agreements, conventions and=20
institutions, such as the United Nations, also come under threat,=20
what happens in New Delhi and Gujarat is no longer =AD if it ever was =AD=20
a matter for India alone.

_____

#4.

[ Letter to the Editor to The Hindu]

D-504 Purvasha
Mayur Vihar 1
Delhi 110091

7 October 2002

Dear Editor,

The ordinance promulgated by the government of Tamil Nadu "banning=20
religious conversions by force, allurement or fraud" raises several=20
questions, of which I set out two.

First, it seems to go against Article 25 of the Constitution of=20
India, which guarantees to the citizen the "right freely to profess,=20
practise and propagate religion". At the very least, it constitutes=20
interference. Do I have to report to the district administration, for=20
example, every time I change from a yellow lungi into a green one?

Second, there can be concern specially about its application to the=20
so-called re-conversions being organised=A0all over the country=20
including in Tamil Nadu. Will Ms.=A0Jayalalith(a)a=B9s government apply=20
this strange law even-handedly?

Yours truly,

Mukul Dube

_____

#5.

The Times of India
Tuesday, October 8, 2002
Interview

POTA's First Trial

The December 13 Parliament attack trial currently underway in Delhi=20
is the first to be conducted under the Prevention of Terrorism Act=20
(POTA). While four persons are in the dock for conspiring with the=20
actual terrorists, a number of prominent citizens have come together=20
to defend one of the accused, Prof S A R Geelani of Delhi University.=20
Prof Rajni Kothari, arguably India's best-known political scientist,=20
is chairperson of the All-India Defence Committee for Geelani. In an=20
interview with Siddharth Varadarajan he says it is his concern for=20
justice that led him to get involved:
By coming to the defence of one of the accused in the December 13=20
case, are you not giving ammunition to those who say human rights=20
campaigners don't care about terrorism?

While fighting terrorism, the state pays scant respect to the law of=20
the land, even POTA. In this situation, it is the duty of a human=20
rights activist to unravel the mix between the legally defensible and=20
illegally imposed charges and to go to the defence of those who have=20
been fraudulently implicated. Our demand for a fair trial of Prof=20
Geelani and the other co-accused is to ensure that real norms of=20
justice are followed.
The police say they have a transcript of a phone conversation between=20
Prof Geelani and his brother in Srinagar which allegedly proves he=20
was involved in the December 13 plot. What is your explanation of the=20
conversation?
The recorded conversation is the only piece of evidence against=20
Geelani. Yet, in spite of repeated requests from the accused and his=20
defence counsel, the court has not allowed the tape to be played in=20
the court. The translation of the Kashmiri conversation has been=20
disputed, as the police did not even bother to get it translated by a=20
competent authority. Instead, they chose a fruit seller who is '5th=20
or 6th standard pass', cannot write Hindi, and did not sign the final=20
transcript of the translation as the police did not show it to him.
Such disregard is only compounded by the lack of attention paid to=20
the provisions of POTA in collecting the evidence. Section 44 of POTA=20
lays down three conditions for an interception to be admissible as=20
evidence.
First, that the police should have applied in writing to a senior=20
bureaucrat designated as competent authority by POTA. Second, the=20
competent authority should have authorised the interception (in an=20
emergency, such authorisation can be post facto). And third, copies=20
of the application and the authorisation should be furnished to each=20
of the accused at least 10 days before the commencement of trial.=20
None of this was followed.

Some would say this is legal nit-picking
I would not agree. Isn't it illogical to assume that law and order=20
can be maintained by permitting the state and its agency to violate=20
the law? If the situation were to come to such a pass, it will=20
adversely affect the civil liberties of every citizen. Already, the=20
judiciary is expressing concern over such arbitrariness. In a recent=20
judgment in The State of Maharashtra vs Jaysingh Wadhu Singh (a case=20
under MCOCA), the judge, while commenting on an illegal telephonic=20
interception, said, '=97The plea to consider the evidence obtained by=20
grossly violating the provisions of law on the ground that 'it is=20
relevant', or that, 'in any case, the accused did it', cannot be=20
accepted. No reason has been suggested for the investigating agency=20
not following the procedural safeguards in the matter of=20
interceptions of the communication in question. That the criminals=20
would escape from punishment due to technicalities and that it is not=20
desirable ' as felt in some quarters' cannot result in the court=20
allowing the evidence obtained by unconscionable violation of law to=20
be given or considered against an accused.'
It is said by advocates of POTA that extraordinary acts of terror=20
like December 13 and the Akshardham temple attack require=20
extraordinary laws.
I am also saddened by the terrorist attacks on Parliament and the=20
Akshardham temple. And one can understand the security concerns they=20
raise. My experience as a human rights activist has convinced me that=20
even though extraordinary laws severely trespass on the civil=20
liberties of the people, they are incapable of checking terror. The=20
now infamous TADA, in spite of its unfettered powers, failed=20
miserably in securing the conviction of those arrested under its=20
provisions.
I, therefore, believe that 'extraordinary laws' are not required. The=20
Constitution and existing laws are quite capable of dealing with=20
terrorism.
It takes courage to defend a man you perhaps did not even know before=20
this. Are you absolutely convinced Geelani is innocent?
Till date, the police have presented more than 80 witnesses, most of=20
them from the police department. However, none has accused Geelani of=20
being a member of any terrorist organisation.
The shoddy investigation and the blatant violation of rules and=20
regulations by the police while gathering evidence demonstrate that=20
the charge is not based on any concrete enquiry or investigation. So=20
rather than asking me if I find Geelani innocent, one should ask the=20
police the reasons why they found him guilty.

______

#6.

Report of The National Meeting of All India Secular Forum

(Mumbai, 28-29 September)

Many a concerned secular groups met in Pachmadhi a year ago to chart out a
course of National coordination of the groups concerned with initiating
campaigns and activities to combat the menace of communalism. Another
meeting a few months later at Hydrabad, in which groups from South India
participated, backed this up. The Mumbai meeting was to evolve an all
India program and form a coordinating body for these activities. The
agenda of the meeting was

1. reporting of different groups/Regions
2. To finalize the Draft manifesto which was prepared in the
aftermath of Pachmadhi meeting.
3. To chalk out a plan of action
4. To elect/nominate the office bearers for these program

Area Reporting.

Gujarat was the major part of discussion. The local groups pointed out
that though they have been part of Human right campaigns and also
protested against the communal issues, there was no pro-active action to
promote Secular values. Also there is no routine activity in the society
on day-to-day basis. Not many programs are geared to work in the civic
society on the issues related to social and cultural issues. The example
of Gujarat shows that it is not just a question of being in the political
power. The impact on civic society has a strong bearing on communal
politics. The communalization of state apparatus plays a crucial role to
support and enhance communal politics. The ideological indoctrination of
state officials and media, supplements the role of communal outfits. In
the recent carnage, apart from the policies of the state Govt. the
bureaucracy and other wings of state acted in communal way due to the fact
that they have accepted the ideological framework of the BJP-RSS. Even in
the areas where the violence did not break out the ideas of average people
are similar, their language is the same as in the areas where the violence
has taken place. So violence can be taken in as the only parameter of
communalization of society. The post violence justice is totally missing
from the scene. The matters have gone to the extent that the victims
themselves are refraining from filing the FIRs for the fear of reprisal
from the neighbors. During last ten years, in Gujarat in particular terror
has been used to create the base for Hindutva forces.
The role and attitude of police has been very biased Humiliating
conditions are being put on Muslims for their future living in
the areas. And a large section of average Hindu has become communal by
now.

The secular groups are not equipped to deal with emergency situation at
all. In the country as a whole there is no preparedness at all. We do not
have any mechanisms for vigil, monitoring. The expose through media can
play a big role but we do not have access to the media in a significant
way. The need to have camps for youth is being felt more and more. The
intervention strategy in the coming elections needs to be evolved on
urgent basis. We have to face the fact that there is no consensus amongst
groups on this issue. The only enlivening fact of these riots was the
preparedness of Muslim community organizations to offer semi-effective
relief. The legal actions are needed to ensure that guilty are punished
and the legal network is created to fight the legal battles. We do need
independent umbrella organizations, which can help in rehabilitation and
legal activities. The existence of secular identity in a polarized
atmosphere poses its own problems. Many an average people feel such an
identity is a hurdle. We do need to avoid very ambitious plans in favor of
slow and sustained building of community intervention.

Secular fabric has come under severe strain. Teachers have been seriously
influenced by communal ideology. We need to have solidarity of purpose.
Also there is a need to evolve cultural activities amongst the people.
Cultural expressions need to be emphasized and deepened.

In tribal areas also, the problem of communalism is penetrating. Business
community is supporting it in a big way. The closure of textile mills has
created a huge unemployment; the unemployed are an easy target for
undertaking the violence. Even the non-BJP states are indulging in severe
repression. To facilitate the march of globalization. There is a need for
intervention through language press, and also through film shows in Muslim
areas. Workers front needs to be addressed in a serious way.

We need to introspect about our ineffectiveness and the rise of Hindutva
more particularly in cow belt. The need for introspection is more than
ever before. The communal phenomenon is infiltrating villages as well,
which earlier were fairly free from it. Upper middle class has become
fairly anti-Muslim, by and large. We have to discover the ways to go to
the masses in an effective way with new programs, beyond the seminar
rooms. We also need to think as to why no new faces are joining us in our
efforts in this direction. We need to have harmony committees in Sensitive
areas.

While many National platforms are emerging to struggle against communal
menace, it should be taken as a matter of strength and not in a
competitive spirit. They should supplement each other. We have to think in
terms of programmatic unity, even if all our ideas do not match. We should
demand proper relief and rehabilitation, and punish the guilty should be
our major demand. Also as a short-term measure we should demand for the
restoration of tombs and Dargahs, which have been destroyed during the
carnage.

We also need to associate closely with Dalit and Women issues. We should
define our target groups; especially the soft-minded Hindus should be
addressed with all seriousness. We need to address school children. Also
there is a need to oppose minority communalism, as it is a ladder for
majority communalism.

Many a groups reported about their efforts for communal amity and peace.
Some groups are doing serious street theatre, while some are focusing on
the intercommunity programs. Play for peace and other programs for
children are helping a lot in this direction. Self-employment programs for
woman and youth are a great point of interest. There is need for
literature for the activists, and average people of community. At present
the literature is very scattered. We need to engage with newspapers by
going through their items seriously and responding to them. History
teachers need to be addressed on urgent basis.

Different groups have done serious investigations into the incidents of
communal violence. This needs a proper coordination. The work for
secularism will also involve understanding of society and state. State has
been loosing secular character. Violence against women during communal
riots is assuming very serious proportion and it is a gross violation of
Human rights. We have to make anti-communal units in city or district. We
do need to take the politicians making provocative statements to the
court. Sadbhavna bal Clubs have been started at place in MP.

A detailed discussion took place on the Manifesto. Mr. Hardenia and Ram
Puniyani will incorporate the changes in the manifesto.

Following suggestions regarding future work were made.

-We need to have legal cell. We should monitor the speeches of politicians
during elections and other times. The cases should be filed against those
violating the laws, the ones creating hatred.
We need to take the cultural activities in a serious manner.
Preservation of plural culture, propagation of harmony, the humanism of
saints and Sufis need to be understood and its message spread.
- The relief activities of Gujarat need to be supported. Apart from
the relief at the level of material needs the psychotically and health
related needs also to be addressed.
- Notion of Justice needs to be brought forward. Educational
mechanisms for promotion of these have to be worked at seriously.
- We need to intensify training camps, workshops for activists. We
need to have area specific issues, pamphlets. Also a watchdog body is
needed for elections.
- Religious practices of different religions need to be understood
seriously.
- We should identify the Central issues which the forum as an All
India body should do, while the local activities and initiative should
continue with the local groups.
- Inter-religious exchange programs need to be broadened. The plays
on these themes need to be popularized.
- Newsletter should clarify different terms like Fascism,
Fundamentalism.
- We should try to have a National office at New Delhi for
centralized releases etc.
- Though to be given to generate resources.
- Workshops for police education to be intensified.

The Coordinating Team
The following office bearers were elected/nominated

1. Patron-Dr. Asghar Ali Engineer
2. President- Shri Lajja Shankar Hardenia
3. Vice Presidents -Shri Kirit Bhat
-Prof. Madhumas Chandra
-Prof. Rooprekha Varma
4. General Secratary- Ram Puniyani
5. Secretaties- TSSS Mani
Priyanaka
Prof. Telang
Prof.Shamsul Islam
Prof. Rajkumar Hans
6. Treasurer- Irfan Engineer

_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/

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